Criminal Act, Article 298 (Indecent Act by Compulsion, “Article 298” hereafter) A person who, through violence or intimidation, commits an indecent act on another shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>
Consent does matter just like the other sexual crimes when it comes to ‘Indecent Act by Compulsion’charge in Korea.
Every physical contact against victim can be deemed as an Article 298. violation case. Yes, It could be possible that you were just showing your hospitality or intimacy to that person..
However, once that act of the matter made victim to feel sexual humiliation, you can be charged with Article 298.
Many of my clients argue that he/she never intend to do so, or it was done with mutual understanding/consent.
To establish the good argument against Article 298 violation charge, the history between you and victim is where you need to start with.
Was it one time thing only? or was it something that you can imagine happening between 2 adults who had a romantic feeling for each other?
I meet with my clients, and try to collect every detail in their relationship with the victim to understand the story as a whole..
“How Unfair!”, “It totally depends on someone else’s feeling or emotions whether it’s a crime or not”
Well, ironically, that is the reason why you should present your story well together for Investigator’s understanding to earn the credibility to your story. And, if you do think you are innocent with the charge of Article 298. violation, you definitely need the lawyer’s help before you face the first police investigation.
※ For more help from LKS lawyers, please contact team leader of LKS directly at +82-10-6693-0117(team leader Jayp Kim, Attorney at Law). With the on point help from English speaking lawyer in Seoul, Korea of LKS, your story will be heard loud and clear. We are available 24 hours a day, 7 days a week, to help ensure that your needs are met.
Comentários